Fund raising costs for the purposes of meeting the Federal program objectives are allowable with prior written approval from the Federal awarding agency. (4) Application Preparation and Submission Information, including the applicable submission dates and time. 2313.). A Federal award must include the following information: (a) Federal award performance goals. Based on some confusion expressed in comments, the definition of improper payment was revised to accurately reflect how questioned costs, including costs questioned costs identified in audits, are not improper payments until reviewed and confirmed as such. If the funding opportunity is subject to Executive Order 12372, “Intergovernmental Review of Federal Programs,” the notice must say so and applicants must contact their state's Single Point of Contact (SPOC) to find out about and comply with the state's process under Executive Order 12372, it may be useful to inform potential applicants that the names and addresses of the SPOCs are listed in the Office of Management and Budget's website. (b) The Federal awarding agency is not required to report a determination that a non-Federal entity is not qualified for a Federal award if they make the Federal award to the non-Federal entity and include specific award terms and conditions, as described in § 200.208. Information technology systems means computing devices, ancillary equipment, software, firmware, and similar procedures, services (including support services), and related resources. (a) Informal procurement methods. 2409, 41 U.S.C. (4) Wherever the general terms and conditions are publicly available, the Federal awarding agency must maintain an archive of previous versions of the general terms and conditions, with effective dates, for use by the non-Federal entity, auditors, or others. Chapter 33), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians (25 U.S.C. Under the coordination process outlined in section E, affected Federal agencies will review all new plans and plan amendments and provide comments, as appropriate, to HHS. OMB is adding language to the timing of submission of the disclosure statement (DS-2), which is only required for institutions of higher education that meet certain thresholds as defined in 48 CFR 9903.202-1(f). Commenters observed that the change in terminology from “competitive” to “discretionary” appears to broaden the requirement of these notices to not just competitive announcements, but also sole source discretionary announcements. Covered combatant command means the following: (6) The United States Transportation Command. (2) Initiate a one-time extension of the period of performance by up to 12 months unless one or more of the conditions outlined in paragraphs (e)(2)(i) through (iii) of this section apply. Commenters in response on the governmentwide project to determine the quality of single audits suggested a delay on such project by a few years due the changes in the 2019 Compliance Supplement regarding the maximum of review for compliance areas. (2) A transfer of title to federally-owned property provided in lieu of money, even if the award is called a grant; Recipient, for the purposes of this part, means a non-Federal entity or Federal agency that received a Federal award. First preference for other use must be given to other programs or projects supported by Federal awarding agency that financed the equipment and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies. Scope of Agreement 1.1 The parties hereby agree that this Agreement will govern every […] on Applicant, for the purposes of this part, means a non-Federal entity or Federal agency that applies for Federal awards. Renewal award means an award made subsequent to an expiring Federal award for which the start date is contiguous with, or closely follows, the end of the expiring Federal award. See also § 200.302(b)(6). The non-Federal entity is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. (5) After solicitation of a number of sources, competition is determined inadequate. 712 or any other provision of law during a war or during a national emergency declared by the President or Congress. (4)(b), 2.d. Assistance listing program title means the title that corresponds to the Federal Assistance Listings Number, formerly known as the CFDA program title. The final language will increase the number of days for recipients to submit closeout reports and liquidate all financial obligations from 90 days to 120 days. documents in the last year, 222 Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. (7) Non-discretionary Federal awards under the following non-entitlement programs: (i) Special Supplemental Nutrition Program for Women, Infants and Children (section 17 of the Child Nutrition Act of 1966) 42 U.S.C. 3. (c) Exempt property means property acquired under a Federal award where the Federal awarding agency has chosen to vest title to the property to the non-Federal entity without further responsibility to the Federal Government, based upon the explicit terms and conditions of the Federal award. Types of awards to which this part applies. (b) Federal awarding agencies that obtain post-award data on subaward obligations outside of this policy should take the necessary steps to ensure that Start Printed Page 49526their recipients are not required, due to the combination of agency-specific and Transparency Act reporting requirements, to submit the same or similar data multiple times during a given reporting period. (2) The following table describes what portions of this part apply to which types of Federal awards. With prior approval of the Federal awarding agency (except for IHEs and nonprofit research institutions, as described in this paragraph (e)) program income may be added to the Federal award by the Federal agency and the non-Federal entity. Assistance listing number means a unique number assigned to identify a Federal Assistance Listings, formerly known as the CFDA Number. Reporting responsibilities of Federal awarding agencies. The example from the commenter should be determined in coordination with the Federal awarding agency. These tools are designed to help you understand the official document Amend § 200.454 by revising paragraph (e) to read as follows: (e) Costs of membership in organizations whose primary purpose is lobbying are unallowable. OMB concurred with this comment and made edits to the definition in § 170.320 to clarify that the term includes Federal financial assistance as defined in part 200, with some limited exceptions. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. OMB opted to keep the existing language because both definitions cite 31 U.S.C. Never Contract with the Enemy applies only to grants and cooperative agreements that exceed $50,000, are performed outside the United States, including U.S. territories, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. A number of commenters recommended clarifying the definition of compliance supplement and offered revised wording for the definition. Need for cost groupings. (2) The Federal award must incorporate, by reference, all general terms and conditions of the award, which must be maintained on the agency's website. In fact, you can go direct to your bank/card company and ask them to cancel the payments. B. OMB respectfully disagrees, as this requirement is not new and does not add burden. Performance goals, indicators, targets, and baseline data must be included in the Federal award, where applicable. (a) Superseding inconsistent requirements. Costs of compensation are allowable to the extent that they satisfy the specific requirements of this part, and that the total compensation for individual employees: (3) Is determined and supported as provided in paragraph (i) of this section, when applicable. However, unallowable costs which represent activities must be included in the direct costs under the conditions described in § 200.413(e). The non-Federal entity is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. Cost allocation plan means central service cost allocation plan or public assistance cost allocation plan. These principles apply whether or not a particular item of cost is properly treated as direct cost or indirect (F&A) cost. OMB reconvened agency representatives to review the comments and make changes to the proposed revisions as appropriate. Subsidiary means an entity in which more than 50 percent of the entity is owned or controlled directly by a parent corporation or through another subsidiary of a parent corporation. An IHE may proceed with implementing the change after it has notified the Federal cognizant agency for indirect costs. (1) The termination decision will be reported to the OMB-designated integrity and performance system accessible through SAM (currently FAPIIS); (2) The information will be available in the OMB-designated integrity and performance system for a period of five years from the date of the termination, then archived; (3) Federal awarding agencies that consider making a Federal award to the non-Federal entity during that five year period must consider that information in judging whether the non-Federal entity is qualified to receive the Federal award, when the Federal share of the Federal award is expected to exceed the simplified acquisition threshold over the period of performance; (4) The non-Federal entity may comment on any information the OMB-designated integrity and performance system contains about the non-Federal entity for future consideration by Federal awarding agencies. (d) Property. Only under extraordinary and rare circumstances would such access include review of the true name of victims of a crime. However, the Federal awarding agency must subsequently modify the award to add the award term if changes in circumstances increase the total Federal funding under the award is anticipated to equal or exceed $30,000 during the period of performance. 5. —Procurement contracts awarded by Federal Agencies under the Federal Acquisition Regulation and subcontracts under those contracts. (b) The recipient may include the substance of this clause, including paragraph (a) of this clause, in subawards under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. Many of the comments focused on aligning the regulation with the authorizing legislation and streamlining and using consistent terms in the regulatory language. This revision ensures compliance with FFATA, as amended by the DATA Act, and will impact small entities that voluntarily seek financial assistance. The amount is computed by subtracting the cumulative amount of the non-Federal entity's unliquidated financial obligations and expenditures of funds under the Federal award from the cumulative amount of the funds that the Federal awarding agency or pass-through entity authorized the non-Federal entity to obligate. Performance reporting frequency and content should be established to not only allow the Federal awarding agency to understand the recipient progress but also to facilitate identification of promising practices among recipients and build the evidence upon which the Federal awarding agency's program and performance decisions are made. The authority citation for part 25 continues to read as follows: Authority: Unliquidated financial obligations means, for financial reports prepared on a cash basis, financial obligations incurred by the non-Federal entity that have not been paid (liquidated). Contractor means an entity that receives a contract as defined in this section. Authorized Uses of the Loan Portal Subject to these Terms and Conditions, you may use the Loan Portal to: Obtain information and documents relating to your loans. (2) If a Federal awarding agency, after entering information into the designated integrity and performance system about a termination, subsequently: (i) Learns that any of that information is erroneous, the Federal awarding agency must correct the information in the system within three business days; (ii) Obtains an update to that information that could be helpful to other Federal awarding agencies, the Federal awarding agency is strongly encouraged to amend the information in the system to incorporate the update in a timely way. The two main changes for this section are related to the clarification of the pass-through entities responsibilities toward the establishment of the subrecipient indirect cost rates and the pass-through entities responsibilities for resolving the sub recipient's audit findings (§ 200.332(d)). To promote uniform application of standard data elements in future information collection requests, OMB is also revising 2 CFR 200.207 and 200.328 to reflect that information collection requests must adhere to the standards available from the OMB-designated standards lead. See also § 200.306(b). In response to these concerns, the language was revised to provide clarification. In addition, procurements for goods and services that are directly charged to a Federal award must conform to the standards identified in this part.” OMB agreed with this clarifying revision and incorporated it within 2 CFR 200.318. This type of Federal award reduces some of the administrative burden and record-keeping requirements for both the non-Federal entity and Federal awarding agency or pass-through entity. The Federal awarding agency or pass-through entity must comply with any requirements for hearings, appeals or other administrative proceedings to which the non-Federal entity is entitled under any statute or regulation applicable to the action involved. 4. OMB notes that the Federal awarding agency does not have a direct relationship with the subaward recipient; that is the role of the pass-through entity. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. Covered grant or cooperative agreement means a grant or cooperative agreement, as defined in 2 CFR 200.1 with an estimated value in excess of $50,000 that is performed outside the United States, including its possessions and territories, in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. (3) Provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in § 200.503, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). A contract is for the purpose of obtaining goods and services for the non-Federal entity's own use and creates a procurement relationship with the contractor. Submission may be required more frequently if the non-Federal entity fails to meet a requirement of a Federal award. 4712, and 10 U.S.C. (e) Depending upon the pass-through entity's assessment of risk posed by the subrecipient (as described in paragraph (b) of this section), the following monitoring tools may be useful for the pass-through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals: (1) Providing subrecipients with training and technical assistance on program-related matters; and. In addition, legal and related services are limited under § 200.435. Authority: OMB rejects this change as the language gives Federal awarding agencies the flexibility to adjust their guidance accordingly. (b) General Federal award information. (2) Is designed to recover only the aggregate costs of the services. OMB respectfully declines this comment. These agencies should refer instead to Appendix VI to this part. Note the authority to automatically carry over unobligated balances includes the authority to carryover from one competitive segment to another. (1) Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award, and the non-Federal entity must not encumber the property without prior approval of the Federal awarding agency. (1) If submitted for negotiation. Financial Statements, to ensure an appropriate alignment between the regulation and the Form. See also the definitions of computing devices and equipment in this section. Currently, Federal awarding agencies have the flexibility to exempt this requirement for awards valued at less than $25,000. In FY 2019 there were 1,751 loan and 8,915 other Federal financial assistance recipients with unique DUNS numbers reported in USASpending.gov. The Federal awarding agency must use OMB-approved common information collections, as applicable, when providing financial and performance reporting information. (d) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. The designated cognizant agency for audit must be the Federal awarding agency that provides the predominant amount of funding directly (direct funding) (as listed on the Schedule of expenditures of Federal awards, see § 200.510(b)) to a non-Federal entity unless OMB designates a specific cognizant agency for audit. Use the PDF linked in the document sidebar for the official electronic format. One comment was received for 2 CFR 200.507. OMB deliberated upon these comments and ultimately agreed to replace the language “or less restrictive requirements” with “adjust requirements” within the final guidance. Assuming that non-Federal entities with a unique entity identifier reported to USASpending.gov are already registered in SAM, this change will impact approximately 2,952 small entities annually. Pension plan costs which are incurred in accordance with the established policies of the non-Federal entity are allowable, provided that: (1) Such policies meet the test of reasonableness. 14.19 Notification procedures and payment of sick absence pay when injuries are connected with other insured employment will be for local determination. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). OMB declined this suggestion since prescribing a specific format in official guidance was deemed inappropriate.Start Printed Page 49515. However, in unusual cases where consultation is across departmental lines or involves a separate or remote operation, and the work performed by the faculty member is in addition to his or her regular responsibilities, any charges for such work representing additional compensation above IBS are allowable provided that such consulting arrangements are specifically provided for in the Federal award or approved in writing by the Federal awarding agency. The definitions “Catalog for Federal Domestic Assistance (CFDA) number” and “CFDA program title” have been replaced with the terms “Assistance Listings number” and “Assistance Listings program title” to reflect the change in terminology. Relevant information about this document from Regulations.gov provides additional context. ; a non-Federal entity that is replaced by a successor), or subsidiary, identified for that applicant in FAPIIS, if applicable. 5. If authorized by Federal regulations or the Federal award, costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the Federal award.

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